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Scottish Statutory Instruments

2018 No. 22

Plant Health

The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018

Made

23rd January 2018

Laid before the Scottish Parliament

25th January 2018

Coming into force

19th March 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973(1) and all other powers enabling them to do so.

Citation, commencement and extent

1.-(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018 and come into force on 19th March 2018.

(2) These Regulations extend to Scotland only.

Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

2. In the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014(2), for schedule 2 (import inspection fees for applicable checks (reduced rates)), substitute-

Regulations 3 and 4(2)

"SCHEDULE 2IMPORT INSPECTION FEES FOR APPLICABLE CHECKS (REDUCED RATES)

				Fees⁽¹⁾
Item	Plant/plant products	Quantity	Country of Origin	Normal working hours	Outside normal working hours
⁽¹⁾ Fee includes a documentary check, an identity check, travel costs (weekday or weekend based on average costs) and the cost of physical inspection which depends on the type and size of import and the country of origin. Note: fees are rounded up to the nearest decimal point, with the exception of the additional quantity values, which are rounded up to the nearest penny.".
Cut Flowers	Aster	up to 20,000 in number	Zimbabwe	£37.50	£57.00
		for each additional 1,000 units		£0.15	£0.23
		maximum price		£132.00	£246.00
	Dianthus	up to 20,000 in number	Colombia	£24.60	£31.10
			Ecuador, Turkey	£26.70	£35.40
			Kenya	£24.90	£31.80
		for each additional 1,000 units	Colombia	£0.01	£0.01
			Ecuador, Turkey	£0.03	£0.05
			Kenya	£0.01	£0.02
		maximum price	Colombia	£28.40	£38.70
			Ecuador, Turkey	£45.60	£73.20
			Kenya	£31.20	£44.40
	Phoenix	up to 20,000 in number	Costa Rica	£30.30	£42.60
		for each additional 1,000 units		£0.07	£0.11
		maximum price		£74.40	£130.80
	Rosa	up to 20,000 in number	Columbia, Ecuador	£24.60	£31.10
			Ethiopia, Kenya	£24.90	£31.80
			Tanzania	£26.70	£35.40
			Zambia	£25.80	£33.60
		for each additional 1,000 units	Columbia, Ecuador	£0.01	£0.01
			Ethiopia, Kenya	£0.01	£0.02
			Tanzania	£0.03	£0.05
			Zambia	£0.02	£0.03
		maximum price	Columbia, Ecuador	£28.40	£38.70
			Ethiopia, Kenya	£31.20	£44.40
			Tanzania	£45.60	£73.20
			Zambia	£38.40	£58.80
Fruit	Citrus	up to 25,000kg in weight	Morocco	£24.90	£31.80
			Peru	£25.80	£33.60
			Turkey	£24.60	£31.10
			USA	£26.70	£35.40
		for each additional 1,000kg	Morocco	£0.04	£0.08
			Peru	£0.08	£0.15
			Turkey	£0.03	£0.05
			USA	£0.12	£0.23
	Citrus limon, C.aurantiifolia	up to 25,000kg in weight	Israel	£28.50	£39.00
	Citrus limon, C.aurantiifolia	for each additional 1,000kg	Israel	£0.20	£0.38
	Malus	up to 25,000kg in weight	Argentina	£30.30	£42.60
			Brazil	£37.50	£57.00
			Chile, South Africa	£24.90	£31.80
			New Zealand	£25.80	£33.60
		for each additional 1,000kg	Argentina	£0.28	£0.53
			Brazil	£0.60	£1.13
			Chile, South Africa	£0.04	£0.08
			New Zealand	£0.08	£0.15
	Passiflora	up to 25,000kg in weight	Columbia	£25.30	£32.60
			Kenya	£28.50	£39.00
			South Africa, Vietnam	£30.30	£42.60
			Zimbabwe	£33.00	£48.00
		for each additional 1,000kg	Columbia	£0.06	£0.11
			Kenya	£0.20	£0.38
			South Africa, Vietnam	£0.28	£0.53
			Zimbabwe	£0.40	£0.75
	Prunus	up to 25,000kg in weight	Argentina	£37.50	£57.00
			Chile	£25.80	£33.60
			Morocco, USA	£28.50	£39.00
			Turkey	£30.30	£42.60
		for each additional 1,000kg	Argentina	£0.60	£1.13
			Chile	£0.08	£0.15
			Morocco, USA	£0.20	£0.38
			Turkey	£0.28	£0.53
	Prunus – other than persica	up to 25,000kg in weight	South Africa	£24.90	£31.80
	Prunus – other than persica	for each additional 1,000kg	South Africa	£0.04	£0.08
	Pyrus	up to 25,000kg in weight	Argentina, Chile	£26.70	£35.40
			China	£33.00	£48.00
			South Africa	£25.80	£33.60
		for each additional 1,000kg	Argentina, Chile	£0.12	£0.23
			China	£0.40	£0.75
			South Africa	£0.08	£0.15
	Vaccinium	up to 25,000kg in weight	Argentina	£28.50	£39.00
	Vaccinium	for each additional 1,000kg	Argentina	£0.20	£0.38
Vegetables	Capsicum	up to 25,000kg in weight	Morocco	£24.90	£31.80
	Capsicum	for each additional 1,000kg	Morocco	£0.04	£0.08
	Momordica	up to 25,000kg in weight	Surinam	£30.30	£42.60
	Momordica	for each additional 1,000kg	Surinam	£0.28	£0.53
	Solanum lycopersicon	up to 25,000kg in weight	Canary Islands, Morocco	£24.90	£31.80
	Solanum lycopersicon	for each additional 1,000kg	Canary Islands, Morocco	£0.04	£0.08
	Solanum melongena	up to 25,000kg in weight	Kenya	£25.80	£33.60
		up to 25,000kg in weight	Turkey	£28.50	£39.00
		for each additional 1,000kg	Kenya	£0.08	£0.15
		for each additional 1,000kg	Turkey	£0.20	£0.38

Revocation

3. Regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017(3) is revoked.

FERGUS EWING

A member of the Scottish Government

St Andrew's House,

Edinburgh

23rd January 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 ("the principal Regulations").

Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) ("the Directive") requires a Member State to ensure the collection of fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries which are required by Article 13a(1) of the Directive. Pursuant to Article 2 of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6), the European Commission notifies Member States of plants and plant products which should be subject to reduced inspection and of the rate of such inspection. Regulation 2 substitutes schedule 2 of the principal Regulations to take account of the most recent Commission Notification on reduced inspection rates as published on the following website: http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm.

The table provides a comparison of changes made to the fees in schedule 2 of the principal Regulations:

TABLE

Genus	Country of origin	Previous rate of inspection	Previous fee⁽¹⁾	New rate of inspection	New fee, specified in schedule 2⁽¹⁾
⁽¹⁾ Initial fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the principal Regulations for additional quantities, maximum price per consignment and inspections carried out outside normal working hours.
⁽²⁾ Consignments subject to an inspection rate of 100% are excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in schedule 1 of the principal Regulations.
⁽³⁾ In 2018 the Commission Notification revised the rate of inspection for Citrus coming from Israel up to 100%, except in respect of the subspecies Citrus limon C.aurantiifolia.
⁽⁴⁾ In 2018 the Commission Notification revised the rate of inspection for Prunus-persica coming from South Africa up to 100%. For all other sub-species of Prunus coming from South Africa the rate of inspection has been revised down to 5%. Regulation 3 revokes regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017. No business and regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.
Fruit
Citrus	Egypt	25%	£28.50	100%⁽²⁾	-
Citrus limon C.aurantiifolia⁽³⁾	Israel	10%	£25.80	25%	£28.50
Citrus- other⁽³⁾	Israel	10%	£25.80	100%⁽²⁾	-
Malus	Brazil	25%	£28.50	75%	£37.50
Malus	USA	75%	£37.50	100%⁽²⁾	-
Passiflora	Zimbabwe	75%	£37.50	50%	£33.00
Prunus-persica⁽⁴⁾	South Africa	10%	£25.80	100%⁽²⁾	-
Prunus-other(4)	South Africa	10%	£25.80	5%	£24.90
Prunus	Turkey	10%	£25.80	35%	£30.30
Pyrus	Argentina	10%	£25.80	15%	£26.70
Pyrus	China	75%	£37.50	50%	£33.00
Vegetables
Capsicum	Israel	10%	£25.80	100%⁽²⁾	-
Solanum lycopersicon	Morocco	New	-	5%	£24.90
Solanum lycopersicon	Canary Islands	New	-	5%	£24.90
Solanum melongena	Turkey	5%	£24.90	25%	£28.50

(1)

1973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998. Section 56(1) was amended by article 6(1)(e) of the Treaty of Lisbon (Changes of Terminology) Order 2011 (S.I. 2011/1043).

(2)

S.S.I. 2014/338, as amended by S.S.I. 2015/392 and S.S.I. 2017/6.

(3)

S.S.I. 2017/6.